Static
by JackiLeigh
Summary: Another take on the Dead Air episode.
1. Chapter 1

Chapter 1

**AN: I had been toying around with writing what Tony would have done, on Dead Air, if he returned to the car, injured, and 'caught them in the act.' I am not at all sure where I am going with this, so bear with me.**

Tony, with one hand to his bloody shoulder, use his other hand to jerk open the back door of the NCIS sedan.

"DRIVE!" Tony commanded Tim, as soon as he climbed into the car. Tony then turned his attention to the back window. He was checking to see if whoever had shot him was still coming after him. There didn't seem to be anybody following. He sighed in relief.

Tim and Ziva both jumped when they heard the door open and heard Tony's command. They had not been listening to Tony's hidden mic. They had not heard the gunshot. They had not heard him plead for help. They had not heard him running, stumbling along, panicked; afraid something had happened to THEM. And that was why they had not answered his calls or come to his aid.

"Where the hell were you two!" Tony asked. "You couldn't hear the gunshot? Damn thing was loud enough." Tony paused. He was feeling dizzy and leaned back against the seat.

Tim and Ziva just looked at one another. Tim stepped on the gas as they raced to the nearest hospital.

Despite the fact Tony had lost a lot of blood as he ran through several of the back yards of the neighborhood they had been investigating. He did not miss the look that passed between Tim and Ziva.

Tony asked again. "What happened to you two? I can hear static on the damned wire. I know its working."

Tony looked at the two of them again, but neither answered. Ziva had pulled out her phone to call, he assumed, Gibbs. Tim just continued to look at the road, clinching and unclenching his jaw. Tony groaned from the pain as he tried to reposition himself in the back seat. His shoulder was bleeding heavily. He had had to remove his jacket and press it to his wound to try and control the bleeding.

Tony waited, listening to the conversation between Gibbs and Ziva before he asked again. "I asked you a question!" Tony demanded.

"Tony …." Ziva started. Her tone was apologetic.

"We didn't hear you." Tim blurted out.

"What!" Tony leaned forward and immediately regretted the movement. The intense pain stopped him from speaking for a moment. Tony groaned loudly and immediately leaned back against the seat. He closed his eyes, then opened them again. "Why didn't you hear me?"

"…turned the radio off." Tim continued.

"What!" Tony asked, stunned.

"Tony, we…." Ziva started.

"You TURNED the radio off?" Tony asked, confused. "What…WHY…Why would you do that?"

Tony's question was met with silence, for just a moment.

"We…we got tired of listening to you." Ziva stated.

Tony was in pain, and he had lost a lot of blood. BUT now he was being driven by pure anger. "You were my back up! What the hell? You weren't listening! What the hell WERE you doing?" It was then that Tony noticed the crossword puzzle still lying on Ziva's lap. "You were doing a damn crossword? I was getting shot, and YOU were doing a damn crossword puzzle! What the hell were YOU doing, Probie? Checking your DAMNED email?"

Tony leaned his head back against the seat and closed his eyes. He was so angry he could not speak, and the blood loss was quickly sapping his strength. He passed out seconds later.

Tim pulled up to the emergency room entrance. He then went in to get someone to help Tony. Ziva got into the back seat with Tony to try and apply pressure to his wound. He and Ziva were very shaken, by Tony's display. They had rarely seen him upset, and they had never seen him like this. He was beyond angry.

"Get away from me." Tony muttered.

Ziva just looked at him for a second.

"Get the hell away from me!" Tony said, loud and clear this time.

By this time Gibbs and the nurses and an ER doctor were at the car. They got Tony quickly onto a gurney and wheeled him into the ER.

"I will deal with the both of you, later!" Tony replied angrily as he was wheeled inside.

"WHAT was that all about?" Gibbs asked, looking from Ziva to Tim and back. Tony's anger concerned him greatly and he needed to find out what had caused the outburst.

TBC


	2. Chapter 2

Chapter 2

**AN: Fair warning: This chapter contains partner betrayal. You could skip this chapter, but the rest of the story probably would not make sense.**

"What? Happened?" Gibbs asked, his gut churning.

"Mr...Agent Gibbs..." A nurse called, sticking her head out of the ER. "...you're the next of kin. We have forms..."

Gibbs nodded to the nurse. "We WILL talk about this later." Gibbs said before following the nurse.

Tim and Ziva looked at one another. Tim had parked the sedan in the closest lot and he had come into the ER waiting room moments after Ziva and Gibbs and had sat down with them.

"If Gibbs finds out what really happened..." Tim started.

"...we will lose for jobs." Ziva finished the statement.

Tim shook his head. "That's the least of our troubles. This is Tony we are talking about here."

"It was supposed to be a joke." Ziva stated.

"If we had been listening..." Tim replied.

Ziva shook her head. "We cannot dwell on that. When Gibbs talks to Tony..."

"We're finished." Tim said.

"I will have to go back to Israel." Ziva said. "I will not be able to work here." Ziva said, shaking her head.

"You're a U.S. citizen..."

"Citizenship is no good, Tim, if I cannot find a job." Ziva replied. "Gibbs will not give me a recommendation, neither will Director Vance."

"Yeah, I can give up any dream of becoming director." Tim sighed. "But you, you can get your dad to talk to Vance, for you. They're friends, right?"

"I do not know who is or is not my father's ally these days." Ziva stated.

"We...when Tony talks to Gibbs...what are we going to say?" Tim asked.

Ziva looked at him, not comprehending for a moment.

"Look, I don't want to lie to Gibbs either, but what can we do? We both have a lot at stake here." Tim replied.

Ziva nodded. She then looked toward the ER doors to make sure Gibbs wasn't coming out. "We need to straighten our stories."

"It's get our stories straight." Tim corrected. "And you're right, we do."

Ziva leaned in. "Alright, Tony will tell Gibbs we should have heard a gunshot. And we should have."

Tim nodded. "We did. We thought it was a car backfire. Happens all the time in suburbia."

"But, McGee..."

"The windows were rolled up, remember." The car windows were actually rolled up, to help them to be able to hear the hidden mic. "The sound was distorted, muffled." Tim thought for a moment. "Or, I'll say I got out of the car and looked around a little, not really thinking it was gunshot. I didn't go far from the car and, I didn't see anything. Meanwhile, you stayed in the car and listened to the mic.

Ziva nodded. "Okay, that sounds good. We DID something, that will make Gibbs happy. But, when Tony got into the car and we told him about the hidden mic..."

"THAT..." Tim stated. "...will be much harder to explain away."

"No, not really." Ziva said after she thought for a moment. "Tony was bleeding. He was losing a lot of blood. He was disoriented, dizzy. We both saw it. He...He just misunderstood."

"Yeah, sounds good." Tim said relieved. He got up, went over to the door and looked into the ER itself. He then returned to his seat not having seen Tony or Gibbs.

Ziva looked at him, questioning. Tim shook his head, nothing to tell about Tony.

"Damn!" Tim said, sitting straight up in his chair. "The hidden mic."

Ziva just looked at him.

"Tony said the hidden mic had static on it, which meant it was working."

Ziva grinned. "Tony was disoriented, remember."

Tim shook his head. "No. That will explain what Tony told US. But, knowing Gibbs, he will send the mic to Abby and have her test it. If she finds out it's in working order...which she will..."

"We are twisted." Ziva concluded.

"The term is screwed, but yes."

"We must destroy the hidden mic." Ziva stated.

"No, not destroy it. It needs to be something that will be consistent with what Tony went through. He was shot in the shoulder. That wouldn't have hurt it. He said he tripped and fell that wouldn't have hurt it either."

"A mechanical malfunction, then." Ziva concluded. "But that poses another problem. We do not have the mic."

"No, but Gibbs does." Tim said. "I'll offer to take 'the evidence' to Abby."

"Perfect opportunity." Ziva said. "But..."

"I know, Ziva, I know." Tim said, shaking his head. "But do you want to go back to Israel? The fighting...all that?"

Ziva shook his head.

"This is one isolated incident. Tony is going to be fine. Probably one hundred percent. He will accept our explanation of his misunderstanding. He trusts us." Tim stated. "This is our lives, our careers, our futures, we're talking about here."

Ziva nodded.

"Good, I am not willing to give up a chance at the directorship. Vance really has his eye on me for that. I will not allow that chance to pass me by for...for this."

Ziva nodded again and the plan was in place. Gibbs would come out of the ER with Tony's belongings, including the hidden mic. Tim would offer to take the evidence to Abby and 'tamper' with the hidden mic before handing it and the other items over to Abby.

Gibbs immerged from the ER moments later, 'evidence' bag in hand.

TBC


	3. Chapter 3

Chapter 3

"How is he?" Ziva asked. Despite what she and Tim had planned, she cared about Tony's welfare.

Gibbs nodded. "He is in surgery still, but the doctors say he will be fine." He gave them one of his rare smiles. But it quickly faded, remembering the task at hand.

"What happened?" Gibbs asked.

And with that the lying and the cover-up began.

Tim began. "We were listening to the hidden mic. The next thing we know Tony is jerking open the back door, yelling at me to floor it."

"You didn't hear him beforehand?" Gibbs asked, his gut twisting in knots.

Ziva shook her head. "We had decided to roll the windows up to be able to hear the hidden mic better. There was a lot of static."

"You didn't hear the gunshot then." Gibbs asked.

"We heard something, Gibbs. But with the windows rolled up, it was muffled." Tim replied. "It sounded, to me, like a car backfire." Tim paused, sensing Gibbs growing anger and frustration at the situation. "At first we didn't feel like we could abandon our post to check it out. I decided to get out and look. I didn't go far from the car, and I didn't see anything. Ziva stayed and listened to the mic."

"It didn't come through on the tap?" Gibbs asked, very confused.

"Probably, but we were hearing both at the same time. I, we, were not sure where it was coming from. There was still a lot of static on the mic." Tim explained.

Gibbs nodded. His gut was screaming, but he could not figure out why. Maybe the answer would lie with the evidence.

"I am going to be here until Tony gets out of surgery. Get this back to Abby." Gibbs handed the evidence bag to Tim. "Ziva, go with him. Then go back to that neighborhood. I need to know what happened and where it happened!"

Tim and Ziva hurried out the door and to the car.

"We didn't anticipate that question about hearing the gunshot over the mic." Tim stated as soon as he closed the door.

"No, we did not. But I think you answered it well enough." Ziva stated closing her door and starting the car.

"I hope so." Tim replied. "We're too deep in this to turn back now."

Tim was almost giddy to have the mic. The opportunity to 'fix' their problem was actually in his hands. He tinkered with the mic and 'created' a mechanical malfunction. He nodded to Ziva, then carefully returned the mic to the bag just as she pulled into the NCIS parking lot. Tim then removed the gloves he had worn to 'do the deed,' and slid them into his pocket to dispose of later. Problem solved, or so they thought, then he saw it. He motioned for Ziva to stay in the car. He had forgot completely about the audio tape of the hidden mic. He quickly took care of that though. He recorded over that section of tape with made up static he created by crumpling paper against the mike. He then replaced the tape and resealed the evidence bag.

Tim hurriedly took the evidence to Abby. He chatted for a moment, then told Abby that he and Ziva were due back at the crime scene. Abby had heard about Tony being shot and she was, of course, very upset. Tim took a few extra moments to calm her down before leaving. Tim hated himself for it, but he always felt a little twinge of jealously whenever Abby got that way over Tony. The jealousy was, now though, mixed with a lot of guilt. He shook his head to clear it, reminding himself that he was only protecting his reputation, his career, and his future. He was only doing what anyone else would do in his situation. Though, he doubted, there were many people who would find themselves in this situation.

Tim got back into the car and they head back to the neighborhood.

Ziva glanced at Tim. "Gibbs did not ask why Tony was so angry with us, no?"

Tim thought for a moment. "No, he didn't. I guess he was too worried about Tony to follow up, which is good for us. What are we going to tell Gibbs?"

Ziva and Tim parked at the curb where they had done their surveillance. They both climbed out of the car. "We...I don't know. Tony just misunderstood something one of us said. He had lost so much blood..."

Tim nodded. "But just to make sure, we need to get into the ICU and talk to Tony. I...we need to make him think he didn't hear what he heard." 

"How do we convince him of that?" Ziva said as they both handed back to the car. They had not really checked the neighborhood. They suddenly had more urgent business to take care of. They would now have to lie about this too to Gibbs.

Ziva slipped into Tony's hospital room. He had just gotten out of recovery room and was still really groggy. Ziva hoped that that he now was in the perfect state of mind to be convinced of a lie.

"Tony?" Ziva said as she slipped her hand into his.

"Ziva?" Tony asked, he was not sure exactly where he was or what was going on.

"There was too much static on the mic, Tony." Ziva said, she ran her fingers through his hair hoping it would relax him, almost hypnotize him in a way.

"Yeah, I said that." Tony agreed, still groggy. He had said that.

Ziva nodded. "There was too much static for us to hear you."

Tony shook his head. "That's not..."

Ziva repeated. "There was too much static for us to hear you. We told you that, remember."

"You didn't..." Tony said, slurring his words.

"That is what we told you, Tony." Ziva said again. "That is what Tim and I told you." Ziva repeated, somewhat insistent.

Tony then nodded, sleepily, after a moment, before closing his eyes.

Satisfied, Ziva then slipped, unnoticed, or so she thought, out of the room.

TBC


	4. Chapter 4

Chapter 4

Ziva returned to the car in the hospital parking lot and got into the driver's side.

"It is done." Ziva stated.

"He believes you?" Tim asked.

"I think that he does." Ziva stated.

"You THINK?" Tim asked, raising his voice slightly. "My future is riding on this, and you THINK?"

"He was joggy when I talked to him." Ziva explained. "He seemed to understand and agree. And it is not just YOUR future."

"It's groggy and he had better." Tim sighed, leaning back against the seat. "For both our sakes, he had better."

NCIS NCIS NCIS

Jimmy arrived in the ER waiting room just minutes after Tony had been taken into surgery. Dr. Mallard had sent him upon hearing to Tony's being shot. He was in the middle of an autopsy and could not leave. Ducky had mainly wanted to know if Tony's lungs had been affected in any way so he would know if he should call Dr. Pitt to consult.

Jimmy first approached Tim and Ziva, who were sitting in the waiting room. They appeared so deep in conversation that they did not noticed him. Jimmy had been about to turn and leave them. He would search for Gibbs instead. Then he heard something that stopped him in his tracks. He heard Ziva say they had to destroy the hidden mic.

Jimmy knew Tony had worn a wire . He had given Gibbs the tape, himself, that had been used to secure the wire to Tony's chest. Jimmy shuddered involuntarily, and suddenly he felt he had heard something he never should have. He felt he was invading someone's privacy. He went back to the entrance and turned, coming in again, in case Tim or Ziva noticed this time. They did not. Jimmy saw Gibbs when he came back in. He waited for Gibbs to speak to Ziva and Tim and send them on his way. He then asked Gibbs about Tony's condition. Jimmy then saw another med student he had classes with, and they chatted briefly. The student let him in to see Tony, and that was all he did. He could see Tony was still groggy and he left quickly.

Jimmy was at the ICU nurses station when he saw Ziva enter Tony's room. She didn't seem like she wanted to be noticed, so he turned his back to her for just a moment. He knew, in his scrubs, he would blend in with the rest of the staff. When he turned around again he saw her leaning over Tony's bed. She appeared to be talking to him. Jimmy turned his back to her again when he saw Ziva leave moments later.

Jimmy had no clue of the significance of what he had just seen and heard. He dismissed both incidences, and they were nearly forgotten by the time he returned to NCIS.

TBC


	5. Chapter 5

Chapter 5

Gibbs entered Tony's room as quietly as he could. He took a seat beside Tony's bed an waited for him to wake up.

The nursing staff moved in and out of Tony's room constantly, checking his vital signs, IVs and just generally talking to him. They were seeing how close he was to waking up. Tony was taking a little longer than expected, and it had the nurses a little on edge.

"He takes time to wake up." Gibbs assured them. "It makes him really sick too." Gibbs said, as a warning.

Tony woke up completely almost an hour later. Gibbs stood up when he heard movement and moved to the bed. Tony threw up almost immediately. He turned on his uninjured shoulder and somehow managed not to miss the emesis basin Gibbs had ready for him.

Gibbs wiped Tony's mouth and then gave him a little ice to help his dry throat and to get the bad taste out of his mouth.

Gibbs waited a few moments for Tony to wake up completely before he asked his question. "What happened, DiNozzo?"

Tony shook his head. "I was just asking questions. The guy I was talking to was...antsy. He didn't want me there. He didn't want company. I...I started to move toward him and... And he, he just pulled out a gun. I guess he didn't want me to get near his car. He was in his car, getting ready to leave." Tony stopped talking and put his hand to his shoulder. It was really, really hurting.

Gibbs pushed the button for the nurse and she appeared moments later with a needle and injected it into one of the IV ports. She then left the room.

Tony waited a few moments before he continued. The pain seeming to be under better control. ""I stumbled, but I didn't fall when he shot me. I ducked behind some bushed he had in his yard then I went around the house. I thought he was following me so I tried to stay low and keep moving. I finally made it back. It seemed like it took forever. It was probably only about 5 minutes." Tony paused again. "I got into the car. I had to run so far to get back. I was...I was panicked thinking something had happened to them, McGee, Ziva. I...They didn't come, and I called three times. That was before I got shot. I...There was static on the mic, Boss. I know it was working."

Gibbs was pacing the floor by this time. His gut clenching and unclenching. He knew the mic worked. He had had Abby test it before it was used. He had been there with her. It was procedure to test all equipment and it was all, he knew, in working order. _WHAT the hell was going on?_

Tony watched Gibbs pace. He didn't like it when Gibbs did that, especially when he, himself, was unsure of the reason. But he assumed, as he always did, that he had screwed up.

"Boss." Tony said trying to get Gibbs' attention. "I'm..."

"You are not sorry, Tony." Gibbs stopped and looked at him. "This is not you. Something's..."

"Hinky?" Tony offered.

Gibbs nodded. "Exactly."

"Did you see Ziva in here?" Tony asked.

"What?" Gibbs asked, surprised.

"Ziva, she..."

Gibb shook his head. "I sent Tim and Ziva back to NCIS with the evidence to give Abby. They never had time to see you before they left, you were in surgery."

Tony and Gibbs looked at each other for a moment.

"She was in here?" Gibbs asked.

"I think." Tony said, scrubbing his hand over his face. "I...I was so groggy. I think Jimmy was in here too. Hell, I could have been visited by the president of the United States. I...I'm not sure."

"Jimmy was here." Gibbs said nodding. "He came by for Ducky. Ducky wanted to know if your lungs were affected in anyway. They were not." Gibbs continued. "Jimmy knows one of the med students who I saw at the desk when I just came in. He could have let Jimmy in to see you."

Tony nodded. "OK, so maybe I was awake. Maybe."

"But why would Ziva come back when I sent them back NCIS. They know they are supposed to be working on the case. Figuring out who shot you, and..." Gibb said, thinking out loud. He had started to pace again.

"Your gut?" Tony asked.

"Yep." Gibbs replied.

There was just a moment or two of silence before Gibb's phone range.

Tony could only hear Gibbs side of the conversation. "Gibbs...whoa, Abby. He's fine...Yes, he is...I promise he is." From Gibbs reaction there must have been a monumental pause. "What is it, Abby?" Gibbs paused, listening. "What is it, Abby?" Gibbs repeated.

Tony could tell it must have been something very big or very bad or both. He could picture Abby pacing her lab wringing her hands.

"Ok, Abby...I'll be there...Yes, I will, ASAP. I...I'm coming, Abby." Gibbs listened again.

Gibbs hung up. "Abby said there's something going on with the evidence." Gibbs started out the door. "I'll be back."

Tony nodded and closed his eyes.

TBC


	6. Chapter 6

Chapter 6

Jimmy had seemed a little preoccupied since coming back from the hospital. He had not heard Ducky call him for what would have been the second time.

" !" Ducky repeated.

"Sorry, Doctor." Palmer said, giving Ducky his full attention.

"What, my I ask, is troubling you, dear boy?"

"It's...it's nothing."

"If it is bothering you this much, it must be something." Ducky replied.

"I...I overheard something...when I was at the hospital. It was between Ziva and Tim."

"What was it, dear boy?" Ducky coaxed.

"Ziva said we must destroy the hidden mic." Jimmy finally reluctantly admitted. "Tony was wearing a hidden mic when he got shot."

"Yes, he was." Ducky agreed.

"So...But she could not have been talking about Tony." Jimmy said, pacing, then he stopped. "Could she?"

"I don't know, dear boy." Ducky said, now equally troubled, but hopeful it meant nothing.

Jimmy sighed and leaned against an autopsy table. "What if it's nothing? I mean they could have been talking about a past case. And maybe I misunderstood. I wasn't standing that close to them. Maybe she said someone else destroyed a hidden mic, a suspect or something. Maybe it was someone from another agency, FBI, CIA who destroyed it." Jimmy paused. "It could have been anything, right?"

Ducky nodded. "It could have been." He studied Jimmy for a moment. "Is there more?"

"Again, probably nothing."

"Out with it, Mr. Palmer." Ducky requested.

"I saw Ziva go into Tony's room..."

"Okay," Ducky encouraged. "...nothing strange there. They are partners."

"She was looking around, acting as if she didn't want to be seen." Palmer explained.

"But you saw her?"

Jimmy nodded. "I was at the nurses' station, talking to a fellow student. He had let me in to see Tony a few moments earlier." Jimmy paused. "I turned my back to her so she would not see me when she went in. I knew I would blend in with the staff in my scrubs. I then watched her in the room. She bend down over Tony. She appeared to be talking to him, whispering in his ear. She didn't stay long. I would say no more than 3 or 4 minutes. I turned around again when she left the room so she wouldn't see me."

"That is very peculiar." Ducky said, shaking his head. "If Ziva had wanted to talk to Anthony, why not wait until he was fully awake? And why sneak in? If that is, indeed, what she did?"

"If it's nothing..." Jimmy started.

Ducky didn't say anything this time.

"But that's not for me to decide, is it?" Jimmy realized.

Ducky shook his head. "No, Mr. Palmer, it is not." Ducky clapped Jimmy on the back. "We'll talk to him together, don't worry." Ducky then dial Gibbs' number.

NCIS NCIS NCIS

Abby was practically buzzing when Gibbs walked into the lab. He didn't know it if was the caffeine, or what she had found.

"He's ok, right?" Abby asked. "I can go see him, right."

Gibbs nodded.

Abby smiled. "Good." Abby paused, taking a breath. "Okay, here's what I found. It's hinky, Bossman...really hinky. There was no damage to the outside of the hidden mic itself. There were no scratches, no nicks, no dents in the casing. Nothing. I checked it out thoroughly under a magnifying glass."

Gibbs gave her his look.

"I'm getting there, Gibbs." Abby promised. "But, when I opened the casing..." Abby brought Gibbs over to the table where the hidden mic lay. Abby picked it up. "...if you can see it, the wire is pulled away from the microphone. I...it was not like this when I checked it, Gibbs. There is no external damage that could be done to cause this internal damage. There is no way to just take the wire and jerk it like this appears to have been done. The casing would have come off first. The casing is tight to prevent such an 'accidental' occurrence. Pulling the wire would have opened the casing before it disconnected the wire. And taps are a pain to open." Abby held the mic up to the light. "This hidden mic is useless. It will not function." Abby began to get emotional. "I wouldn't send Tony out with something like this."

Gibbs kissed her cheek. "I know you wouldn't, Abs. And you didn't. I was here when you checked the mic. I saw that it was working, too."

Abby wiped her eyes and Gibbs turned to leave.

"Wait, Tony said that there was static on the mic. He could hear that faint noise. He knew it was working."

Abby shook her head. "Not this mic." Abby said, the mic still in her hand. "It's completely nonfunctioning." Abby paused. "Oh, and the tape Tim and Ziva brought in. There is segment where the sound quality is different. I listened to the whole tape and the static fluctuates evenly, except when I get to that one section." Abby has set the tape up for Gibbs to hear the difference. She pressed play.

Gibbs listened to the selection. He nodded. He could hear what she was talking about. it seemed as if it had been recorded over.

Abby continued. "The static is constant and the sound quality if different. It is almost as if something else is causing the static in that section. It does not match the sound on the tape before it or after it." Abby said, concluding her findings.

Gibbs nodded, he didn't know what to think of what had just heard. And things would only get more confusing after he answered the call that came in seconds later.

**End note: I know absolutely nothing about hidden mics. I am assuming, though, that there is some sort of faint, very faint, humming, static noise. That is the only way I can think of for Tony to know that mic is working, for sure. Please forgive my ignorance on the subject.**

TBC


	7. Chapter 7

Chapter 7

**AN: Thank you to all you who expressed your support. I am grateful to all my loyal reveiwers. And to my new reviewers, thank you for visiting, reading, and commenting. ENJOY! **

"Gibbs." Gibbs said, answering his phone before it stopped its first ring.

"You are needed in Autopsy, Jethro." Ducky said, dispensing with the formalities.

"We have no bodies..." Gibbs started . He was still reeling from the information Abby had just given him.

"Trust me, Jethro." Ducky stated. "You will want to hear this."

"On my way, Duck." Gibbs said, then snapped the phone shut.

Gibbs arrived moments later and Jimmy repeated what he had told Ducky.

"I am sorry I didn't say something to you at the hospital." Jimmy stated.

"It's OK, Jimmy." Gibbs said. "Your mind didn't go there. You aren't a suspicious person."

Jimmy nodded, grateful Gibbs understood.

"I hope Timothy and Ziva are not involved in this, Jethro, whatever this is." Ducky called out as Gibbs started to leave.

Gibbs sighed. "I do, too. I do, too." Gibbs repeated. "For their sakes, I do too." Gibbs said under his breath as he clenched his fists in anger.

Gibbs went over what he knew in his head. Abby had told him about a broken, tampered with, most likely, hidden mic. And the audio tape with a possibly recorded over section. Jimmy had told him of a conversation with Ziva saying she would destroy a hidden mic and then seeing her sneaking back into the hospital after he had sent them back to NCIS to work on the case.

Gibbs gut was working overtime as he contemplated what it could all mean. He wanted, desperately, to get back to the hospital. He had told Tony he would be back soon. He didn't want to break his promise. He knew Tony would be expecting him.

Gibbs tried to reject the answer that kept creeping into his thoughts. But they were, it seemed, the only common denominators. Both Tim and Ziva had free access to the hidden mic and the audiotape. They were both in the evidence bag. Ziva had actually spoke of destroying a mic. But why did she show up at the hospital to talk to Tony? What happened in that car after Tony was shot? Did they say something they wished they hadn't? Did Tony reach a conclusion they wished he hadn't? Was Ziva trying to convince Tony something had happened, or had not happened?

Gibbs shook his head to clear his thoughts as he stepped off the elevator on the third floor. He looked towards the bullpen to see both Ziva and Tim, heads bent, hard at work. He got their attention and motioned for him to come with him into the elevator.

Tim and Ziva looked at one another, briefly, unsure what it was all about. They knew, or at least, thought they had covered their bases.

Gibbs shut the power then they were all in the elevator.

"So, Ziva, did you have a nice visit with Tony?" Gibbs asked.

Ziva took just a second to recover. She hoped her guilt was not evident on her face. "What?"

"I asked you if you had a nice visit with Tony." Gibbs restated.

"When would I have...?" Ziva asked.

"When would you have had time?" Gibbs finished the question. "You were supposed to be here, working on the case. But I have two witnesses...two very reliable witnesses, as far as I am concerned. These people say you were there." Gibbs paused. "My question is, though, Ziva. What was so important you could not wait for Tony to wake up? Why was your visit so short? And why didn't you want anyone to know you were there?"

As Gibbs stood, waiting for answers, Ziva's mind was racing. She had not been seen, it was not possible. She had been so careful. And two witnesses! Who were they? She was not sure Tony would remember her visit. In fact, she had not wanted him to. She had just wanted him to remember her words. She knew her visiting like she had, if she were caught, would be questioned. She knew as long as Gibbs knew Tony was not gravely injured, Gibbs would expect them to work on the case and solve it. Then they could visit Tony. Her 'early' visit would do nothing but raise questions.

"I didn't..." Ziva started.

"I would be VERY careful if I were you, Agent David. These witness are not at all likely to lie to me. They have no reason too." Gibbs paused, trying to control his anger. "You, however, it would seem, would have good reason to lie. Why is that?"

Gibbs then turned his attention to McGee. "Why would that be, Tim? What is your part in all of this?"

Ziva then spoke up. "I...I went back because I was concerned about Tony. He is my partner. I did not stay long because I did not want to disturb him. I know he has a difficult time with anesthesia. And I was not trying to sneak in. I did not go to the nurses' station because I am not family and I knew they would not let me in because of that."

"And I told you he was going to be fine. His doctor said that his shoulder will probably be as good as new. I told you to go back to NCIS and work on the case. I don't give you orders for them to be disobeyed. I would not lie to you about Tony's condition. You know that." Gibbs stated.

"Yes." Ziva conceded. "I do."

"Seeing him shot..." Tim added. "...it was...hard. Seeing him bleeding, when he passed out... We just..." Tim paused. "...we just wanted to make sure he was OK." Tim knew he was only telling a half-truth. He was a little panicked when Tony had passed out. But only because he would not know how to explain the reason Tony was shot in the first place.

Gibbs nodded, though he knew Tim and Ziva were lying. He wanted them to hang themselves. Now the only thing he needed to do was find the connection. The reason they did it. He needed to talk to Tony again.

TBC


	8. Chapter 8

Chapter 8

Tony made a disgusted face and pushed his tray away just as Gibbs walked into the room. The beef broth, lime jello and ginger ale didn't look at all appetizing. Tony knew something was wrong when Gibbs just walked in and sat down, not saying anything about the fact that Tony had passed on his meal.

"What's going on, Boss?" Tony asked.

"I...what happened when you got back to the car, Tony."

Tony shook his head. "Too much static on the tape. There was...That was what they said, what they claimed."

"DiNozzo, what do you mean, claimed?" Gibbs stood and began to pace the room.

"What's going on, Boss?" Tony asked again, following Gibb with his eyes.

Gibbs just looked at him, waiting for an answer.

"When Ziva was in here... She was in here, right?" Tony asked, knowing Gibbs would know the answer. Tony figured that was, at least, part of the reason he was in his present state.

"She was."

Tony nodded and continued. "She told me, keep repeating that there was too much static for them to hear me." Tony paused. "But that's not true."

"What happened then, Tony?" Gibbs asked. He felt for Tony, seeing he was struggling with what he was remembering.

"They had cut off the mic, turned down the volume, whatever." Tony's anger returning as he remembered. "I...They made a joke of it. They said they had gotten tired of hearing my voice. Though I think me coming back shot made it just a little less funny."

Gibbs never verbalized a response. He simply was not capable. He just paced the room, his jaw clenching and unclenching. His fists balled up so tight his fingernails were digging into his palms. He looked for something to throw, his anger increasing exponentially. When he could find nothing, he kicked the trash can. The action immediately brought nurses to Tony's door. Gibbs waved them away. They left when they saw that their patient was okay, and that Gibbs was cleaning up the mess he had made.

Tony opened his mouth, then snapped it shut. He was stunned when he realized the ramifications of what he had just said. Ziva had lied to him, tried to convince him of a huge lie to save her own skin. His partner had tied to coax him into believing a lie. He couldn't wrap his mind around it. And McGee, McProbie, had gone right along with it. Of course, his ass was just as much in a sling, now, as hers was, Tony reasoned.

Tony found his voice again. Gibbs stopped pacing and listened. "I lit into them in the car, Gibbs. When I got in Ziva was doing a crossword puzzle and McGee was using his damn PDA thing to check his email."

Gibbs was off pacing again, and the look on his face scared Tony. He had never, ever seen Gibbs this angry. Gibbs ran over the facts in his mind, things were coming together. Tim and Ziva were covering their asses. Tim had disabled the mic, instead of destroying it as Ziva had suggested. They had to make it seem like it had been broken all along, or had gotten broken when Tony was shot or running from his shooter. They had doctored the audio tape to cover up for the fact they had turned off the sound. And, of course, Ziva had come into Tony's room, NOT to check on the condition of her partner, but to try to convince him of a lie.

Gibbs turned abruptly on his heel and left. He knew Tony would understand his rapid departure.

Tony watched his boss, leave. He had no idea what was in store for McGee or Ziva. But he, sure as hell, was glad he was not in their shoes.

TBC

**End Note: I am sorry this chapter is so short. But I wanted to get this one out. I may be a few days updating, I want to make sure I give you guys a fitting, painful, heinous, torturous, punishment. Well, maybe not ALL that, but I want it to be good. I thank you again for your support and reviews. Jackie**


	9. Chapter 9

Chapter 9

Gibbs stepped off the elevator on the 3rd floor and almost lost it when he saw Ziva and Tim at their desks, acting as if nothing was wrong. And he was sure in their minds, they had gotten away with it. Though how they expected Tony NOT to remember that they had told him they had turned off the radio was beyond him. At any rate, none of that mattered now. Gibbs had called Vance and talked to him after he left the hospital. He had then personally gone to Abby's lab picked up the audiotape and the mic and Abby's reports on the two items. He had also asked Jimmy to write out a statement and he went to Autopsy and picked that up. He knew if he needed Tony's input, he could just call the hospital. With everything in hand, Gibbs went up to talk to the director.

Director Vance had no problem reaching a decision after he had reviewed the evidence and had talked to Tony. As much as he had liked both agents, that had to put that aside, for the sake of the agency and for the sake of policy. His decision was immediate, they were fired, gone.

Gibbs, however, asked to suspend the termination, briefly. He wanted suspension, without pay, first, for one and only one reason. He wanted Tony to have the opportunity to confront Tim and Ziva. He wanted to give Tony time to heal and to return to work, before doing so. And Gibbs knew, if they were immediately terminated, Tony would never get that opportunity. Agents McGee and David would be told of their termination ONLY after Tony had had an opportunity to speak with them.

Vance then called Tim and Ziva up to his office. He told them that they were suspended, pending an investigation. They would be called into the office at the later date, they thought, with the results of the investigation. In reality, they would be called in, in a week. That was when the doctors had projected Tony to be able to return to work, desk duty. And that was when Tim and Ziva would find out their pre-determined fate.

NCIS NCIS NCIS

Tony healed pretty much on schedule. He was out of the ICU the evening after his surgery. He was sent home, to Gibbs', a few days later with pain medication, a list of do's and don'ts, a sling for his arm, and a number of physical therapy exercises he needed to do once the wound, itself, healed completely.

Tony sat on the basement steps the night before he was to return to work, his arm still in the sling. He sighed. "What did I do, Gibbs?" Tony asked as he watched Gibbs slowly and carefully sand a rib.

Gibbs shook his head. He wanted to offer Tony bourbon, something to dull the emotional pain. But he knew it would not mix well with Tony's medication for his physical pain. "Nothing, Tony." Gibbs replied, sadly hearing the pain in Tony's voice.

"Had to be something..." Tony stated.

Gibbs stopped sanding for just a second. "Sure it is. Tim is a power-hungry, egotistical, jackass. And Ziva is a selfish bitch."

Tony just looked at him.

Gibbs took a swig of bourbon. "You know the old saying. It if looks like a duck, and quacks like a duck..."

"We were...Well, I thought we were friends." Tony said, shaking his head. "I trusted them." Tony said balling up his fist and striking the stair he was sitting on, hard.

Gibbs came over and knelt down in front of Tony. Gibbs was still angry, plenty angry. But seeing the pain in Tony's eyes and the guilt he obviously felt, pushed it all aside, at least for the moment. He put his hand on Tony's knee to make Tony look him in the eye.

"You are not stupid for trusting people, Tony. I trusted them, too. Hell, I hired Tim. I allowed Ziva to be on my team because I trusted Jenny." Gibbs stated. "We can only work with what we know. What we've seen, that's it Tony. That's all we have. Up until now, until they both made the decision to turn that radio off, they were worthy of our trust." Gibb sat down on the wrung below Tony.

Tony shook his head. "I should have known, seen the signs."

"And what would you have been looking for, Tony?" Gibbs asked purposefully. He wanted Tony to realize just how hard that would have been.

Tony shook his head, sadly.

"That's just it, there were no signs. There was no build-up to this. And you had no reason for suspicion."

"Still..." Tony said.

"There is no still." Gibbs said, standing up and prompting Tony to do the same. "We have a big day ahead of us tomorrow. Get some rest.

"On it, Boss." Tony said, sadly, as he made his way up the stairs.

NCIS NCIS NCIS

Tony entered NCIS and rode the elevator promptly to Abby's lab. He was engulfed in black as soon as he walked in the door. Abby jumped into his arms, but remembering his arm and shoulder she was a hair gentler than she normally would have been.

"I can't believe it, Tony." Abby said, shaking her head. She was very angry. "I just...those two. I don't get it. They were friends." Abby said, shaking her head.

Tony just shook his head. He was still not ready to face them, the two people he had trusted with his life on various occasions. He still could not figure out what went wrong.

"Don't do this, Tony. This was not you. This IS not you." Abby said, hugging Tony tightly again. "Ziva, Tim they just...I don't know." Abby stopped back and started to pace again. "I...they had better not come down here. And Tim, when he brought that evidence down. He actually comforted me, over you." Abby balled her hands into fists. "I can get rid of the bodies, Tony." She stated. "You know I can. If we were down in Louisiana I would string them up over a gator pit, alive. The gators would finish them off. No bones, no nothing. I could coat them with honey and tie them to an ant hill. Then I would...get rid...of whatever is left." Abby looked at Tony. "You just say the word."

Tony could not really tell if she was serious or not, and it scared him a little. "I appreciate you offering to commit a double murder for me, but..."

"I'd do it, Tony..." Abby stated. "...and I wouldn't get caught."

"Abby...!" Tony started. "It doesn't affect your..."

"We are best friends, Tony. I've known you a lot longer, and I know you a lot better than either of them. And I love you. I wouldn't murder anybody for them."

Again, Tony was not sure if she was kidding or not on the murder thing.

Abby surmised. "The punishment should be long...lasting...painful." Abby stopped pacing and looked at Tony. "What does Gibbs and Vance have planned?"

Tony shook his head. "No idea." He kissed her cheek. "I love you, too. I'll see you later."

Abby nodded as Tony left.

NCIS NCIS NCIS

Tony had dressed in his favorite suit. He and Gibbs walked in promptly at 9 a.m. to see soon-to-be former agents McGee and David waiting for them. They were seated with Director Vance around the conference table.

"Tony, you are better, yes?" Ziva asked.

Tony ignored her question, and her concern, as he took his seat and straightened his tie.

Gibbs sat down beside him. He was the first to speak. "You are here, only because I requested it."

Both Ziva and Tim looked at Gibbs confused. They still believed they were in the clear. That, apparently, they were too smart for NCIS. The mere thought angered Gibbs.

Vance then opened a folder and removed copies of Abby's reports on the hidden mic and the audio tape. He removed Jimmy's signed statement. He removed the transcript of the conversation he had had with Tony, and his secretary had transcribed, over the phone. He pushed all these items across the table and gave both Tim and Ziva a few moments to read them.

Vance then spoke. "Based on this evidence, you would have been fired a week ago. I was persuaded by Agent Gibbs to NOT just fire you then because he wanted to give Agent DiNozzo a chance to confront you." Vance deferred to Tony. "Agent DiNozzo..."

"What you did was obviously an huge violation of procedure..." Tony started, his anger rising. "..but that is not what this is about." Tony stated. "This was not about following the rules. This was personal. This was about me, getting rid of me." Tony paused. "It didn't take long to come up with why, for either of you." Tony looked at Ziva. "It was really, really simple for you. You are still angry Michael is dead."

Ziva opened her mouth to speak.

Tony ignored her and turned his attention to Tim. "And you, you have always doubted me and my abilities. That's what it comes down to here, McGee. If I leave, if I die, if I'm promoted, the manner was not important. You wanted to move up in the organization and I was your big roadblock." Tony paused. "What about when you wanted to be team leader in a year or two? Would Gibbs have to watch his back, too?"

Tony glared at them both, as if daring them to speak.

Tony then smiled but there was no humor in it. In fact, it barely concealed his anger. "But you got caught. Do you really, really think we, NCIS, are that stupid? You, Miss Former-Assassin, so good at stealth and covert operations..." Tony laughed out loud this time. "...caught in-the-act by a near-sighted Autopsy Gremlin." Tony again turned his attention to McGee. "And you, Mr. M.I.T. Smarter-than-thou, you really, really thought you could outsmart one of the best forensic scientists out there?" Tony shook his head. "It just goes to show how truly, incredibly, mind-numbingly stupid you both really are."

Tony then looked at Director Vance. "Thank you, Director. I have had my say. They are not worth a second longer of my time."

The Director nodded. "Agent Gibbs, do you have something you would like to say?" He said, turning his attention to Gibbs.

Gibbs looked at Tim. "I hand-picked you, Tim. I saw potential. At least I thought I did. I knew you were ambitious." Gibbs said, uncharacteristically pouring his heart out. "I saw it was a good thing. Not your undoing." He then turned his attention to Ziva. "I let you stay on my team because I trusted Jenny. Maybe a bad decision on my part, in the end. The Frog was..." Gibbs said, shaking his head. "But I let you stay because I got to know you, or at least I thought I did." Gibbs said. "The two people sitting in front of me right now are absolutely unrecognizable. I deeply regret the choices I made hiring you. I don't like being played for a fool. If Tony had died, they would have never found your bodies. I can promise you that." Gibbs gripped the table his knuckles white. "And the only thing that is keeping me from coming over this table and strangling the life out of both of you is the fact that we are in the director's office."

Gibbs paused, taking a moment to calm himself.

Vance seemed completely unphased by Gibbs open threat. "Agent McGee, Agent David, you are no long employed by NCIS. You will not by eligible for employment with any federal agency in the United States. I will see to that, personally. That is, of course, after you are released from prison for, for one, tampering with evidence." Vance paused. "I plan on throwing the book at you both. I am going to involve every agency possible, from the local PD to the CIA. I find what you did completely unforgiveable on a personal level, and criminal on a professional level. And with any luck, for you Former Agent David, you will get to keep your citizenship. You know, better than I, the conditions for women in middle eastern prisons."

Vance, Gibbs, and Tony stood up, prompting Tim and Ziva to do the same. "You are dismissed."

THE END


End file.
